People v. Hernandez, 98 N.Y.2d 175 (2002)
In determining whether a defendant had a duty to retreat before using deadly force in self-defense within a multi-unit dwelling, the critical inquiry is whether the defendant exercised exclusive possession and control over the area in question.
Summary
Hernandez, a building superintendent, was convicted of manslaughter after fatally shooting a visitor in the lobby of his apartment building. At trial, Hernandez argued self-defense, claiming the victim attacked him. He requested a jury instruction stating he had no duty to retreat because the incident occurred in his “dwelling.” The trial court denied the request. The New York Court of Appeals affirmed the conviction, holding that common areas like lobbies and stairwells in multi-unit dwellings are not considered part of a person’s “dwelling” for the purposes of the “no duty to retreat” exception under Penal Law § 35.15(2)(a)(i), unless the defendant exercises exclusive control over that area.
Facts
Hernandez was the superintendent of a six-story apartment building, residing in a first-floor apartment. He shot and killed James Carter, a guest of a tenant, in the building. Witnesses testified that Hernandez used racial slurs against Carter after Carter complained about needed repairs. An altercation ensued on the stairwell. Hernandez retrieved a sawed-off shotgun from his apartment and shot Carter. Hernandez claimed Carter attacked him in the lobby and that the gun discharged accidentally during the struggle. The building had a history of drug activity, and the front door was often broken.
Procedural History
Hernandez was convicted of manslaughter in the first degree and criminal use of a firearm in the first degree in Supreme Court. The Appellate Division affirmed the conviction but modified the sentence. The New York Court of Appeals granted leave to appeal and affirmed the Appellate Division’s order.
Issue(s)
Whether the trial court erred in denying Hernandez’s request for a jury instruction that he had no duty to retreat because the lobby and stairwell of his apartment building constituted part of his “dwelling” under Penal Law § 35.15(2)(a)(i).
Holding
No, because the lobby and stairwell of a multi-unit apartment building, absent evidence of the defendant’s exclusive possession and control over those areas, do not constitute part of the defendant’s “dwelling” for purposes of the “no duty to retreat” exception in Penal Law § 35.15(2)(a)(i).
Court’s Reasoning
The Court of Appeals reasoned that the term “dwelling” in Penal Law § 35.15(2)(a)(i) refers to a person’s residence, and its definition must consider various living arrangements. The critical factor is the extent to which the defendant exercises exclusive possession and control over the area. The Court distinguished the definition of “dwelling” under Penal Law article 140 (burglary offenses), which includes common areas in multi-unit buildings, noting that § 35.20 explicitly refers to the definitions in article 140, while § 35.15 does not. Quoting from People v. Tomlins, 213 N.Y. 240 (1914), the Court acknowledged the traditional rule that a person assailed in their dwelling has no duty to retreat. However, it emphasized that this exception applies only to areas under the defendant’s exclusive control. The Court found that because the lobby and stairwell were used by all tenants and their guests, Hernandez did not have exclusive possession and control over those areas. The court explicitly rejected the Appellate Division’s reasoning that focused on the security of the building, stating that the duty to retreat should not depend on how well-protected the area is, but rather on the extent of exclusive control. The court stated: “the determination of whether a particular location is part of a defendant’s dwelling depends on the extent to which defendant (and persons actually sharing living quarters with defendant) exercises exclusive possession and control over the area in question.”